The case holding that the purport is not to re-claim consolation money, but to the effect that the contents that the plaintiff and the defendant should not file all civil and criminal lawsuits between the plaintiff and the defendant pursuant to the agreement and each letter do not claim consolation money.

In a case where five heirs who died due to a fire in the office building of a telegraph or telephone station received 750,000 won as the bereaved family's compensation for each deceased person, and prepared a written agreement and a letter to not file all lawsuits among the public and criminal cases, and where the amount was paid as funeral expenses, 19,680 won as funeral expenses, 19,680 won as well as 1,05,840 won, the content of each written agreement shall not be deemed to the purport that the consolation money shall not be claimed again, and it shall be deemed to be the purport that the case is completed due to an accident.

Article 105 of the Civil Act, Article 187 of the Civil Procedure Act

Plaintiff 1 and eight others

Korea

Seoul Civil Area, Seoul High Court Decision 69Na891 delivered on May 12, 1970

The original judgment is reversed, and the case is remanded to the Seoul High Court.

The grounds of appeal by the Defendant Litigation Agent are as follows:

The court below held that the defendant's defense that the plaintiff paid 1,05,840 won to five property successors who died due to a fire in the office building of Busan, Busan, the defendant paid 750,000 won as compensation for bereaved families per deceased, and the defendant did not pay 236,160 won as compensation for bereaved families, and paid 19,680 won as compensation for funeral expenses, and paid 19,680 won as compensation for bereaved families. The plaintiffs' defense that the plaintiff's claim is unfair is paid 50,000 won as compensation for bereaved families per deceased's body, and it did not constitute 75,000 won as compensation for bereaved families, funeral expenses, consolation money, and consolation money for bereaved families per deceased's death (the above judgment of the court below should be accepted as compensation for bereaved families' compensation for bereaved families' death). It is hard to view that the plaintiff's claim for consolation money for 1,500,000 won as the above purport of the judgment of the court below is without merit.

It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng